For the purposes of the effectiveness of an arbitral award on pending procedural relationships concerning the same subjective right, the res judicata effect of the award itself is irrelevant, provided...
An arbitral award which establishes a party's breach of contractual obligation and orders the consequent performance pursuant to Article 2932 of the Civil Code produces substantive effects on the pre-existing...
Contractual arbitration (arbitrato irrituale), whereby the parties entrust a third party with the resolution of disputes through a contractual instrument referable to their will, is validly constituted when the contracting...
Even in the presence of an arbitration clause submitting the dispute to arbitrators, the party retains the power to apply to the ordinary court for interim relief pending the appointment...
An arbitration clause providing for international arbitration contained in a contract extends its effectiveness to all disputes which, although based on different titles such as invoices or subsequent agreements, find...
It is not possible to identify in the present order pure principles of law relating to arbitration law, as the decision is limited to assessing the requirements for an application...
The objection of arbitration based on an arbitration clause cannot be raised by the court of its own motion, but must be timely raised by the defendant party; in the...
The ex officio cancellation of a company from the companies register for failure to file the liquidation balance sheet, when followed by procedural conduct aimed at claiming the debt, does...
An arbitration clause contained in a professional services contract does not extend its effect to disputes arising from a different and autonomous contract concluded between the same parties, even if...
With regard to the assessment of arbitrators' fees pursuant to Article 814, paragraph 2, of the Code of Civil Procedure, where the arbitral tribunal is composed exclusively of non-lawyer professionals,...
The presence of an arbitration clause in a contract does not prevent the creditor from requesting and obtaining an order for payment from the ordinary court for a debt arising...
An arbitration clause which refers disputes to international arbitration, even where it does not contain indications as to the appointment, number of arbitrators or nature of the award, must be...